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Raising a Cautionary Flag
Educational Malpractice and the Professional Teacher
Authors:
| |
Publisher:
2022
Summary
Nearly 50 years ago a California court heard a complaint from a recent high school graduate who alleged that he could not read at a level that would allow him to apply for, let alone hold, a meaningful job. He asserted that the public school district was negligent and that his prospects for a productive life were diminished by their negligence. The court disagreed and educational malpractice was cast outside the schoolhouse gate and an educational malpractice wall was erected.
In sum, both federal and state courts have constructed a sturdy wall against the recognition of educational malpractice lawsuits. However, recent advances in research on instruction, statistical analyses that some have argued can identify substandard teaching, may have cracked the wall. Thus, confluence of events may lead to demolishing the educational malpractice wall constructed over the past half century.
The authors of Raising a Cautionary Flag: Educational Malpractice and the Professional Teacher, explore the judicial reticence to recognize educational malpractice as a viable tort of negligence. They review the concept of what constitutes a professional, what is malpractice and how is it related to the professional malpractice of physicians and attorneys, and the potential responses to education malpractice. They conclude by raising a cautionary flag about breaching the judicial wall.
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Bibliographic data
Copyright year
2022
ISBN-Print
978-1-4758-6675-9
ISBN-Online
978-1-4758-6677-3
Publisher
Rowman & Littlefield, Lanham
Language
English
Pages
219
Product type
Book Titles
Table of contents
ChapterPages
Contents No access
1 Introduction: The Teacher and Educational Malpractice—a Paradox and a Conundrum No access Pages 1 - 16
2 The Paradox of the Teacher as a Professional and Education as a Profession No access
3 Malpractice: A Tort of Negligence No access
4 The Early Educational Malpractice Suits: A Failed Tort No access
5 Higher Education Malpractice and Breach of Contract in the Time of the Pandemic No access
6 Are Cracks Forming in the Educational Malpractice Wall? Viability, Gag Orders, and VAM No access
7 Raising a Cautionary Flag in Response to Viable Educational Malpractice Lawsuits No access
Appendix A: Table of Cases No access Pages 197 - 206
Index No access Pages 207 - 216
About the Authors No access Pages 217 - 218
Other Works of the Authors No access Pages 219 - 219
